85[Presumption as to culpable mental state.
35-O. (1) In any
prosecution for any offence under this Act which requires a culpable mental state
on the part of the accused, the court shall presume the existence of such
mental state but it shall be a defence for the accused to prove the fact that
he had no such mental state with respect to the act charged as an offence in
that prosecution.
Explanation.In this sub-section, culpable mental state includes
intention, motive or knowledge of a fact, or belief in, or reason to believe, a
fact.
(2)
For the purposes of this section, a fact is said to be proved only when the court
believes it to exist beyond reasonable doubt and not merely when its existence
is established by a preponderance of probability.]